KEI reports on recent discussions with U.S. government officials which suggest that the USTR believes it can ignore the plain language of the Anti-Counterfeiting Trade Agreement by relying on Article 1.2, which provides that “Each Party shall be free to determine the appropriate method of implementing the provisions of this Agreement within its own legal system and practice.” While KEI notes the absurdity of the U.S. position, though it does point the possibility of other countries – including Canada – adopting a similar approach (KEI notes that Canada tried to rely on similar language in a patent dispute).